IA 

112TH CONGRESS 

2D SESSION S. J. RES. 44 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2012 

Referred to the Committee on Foreign Affairs 

JOINT RESOLUTION 

Granting the consent of Congress to the State and Province 

Emergency Management Assistance Memorandum of Understanding. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. CONGRESSIONAL CONSENT. 

4 Congress consents to the State and Province Emer5 gency Management Assistance Memorandum of Under6 standing entered into between States of Illinois, Indiana, 

7 Ohio, Michigan, Minnesota, Montana, North Dakota, 

8 Pennsylvania, New York, and Wisconsin, and the Cana9 dian Provinces of Alberta, Manitoba, Ontario, and Sas10 katchewan. The compact is substantially as follows: 


srobinson on DSK4SPTVN1PROD with BILLS
2 

SJ 44 RFH 

1 ‘‘ARTICLE I—PURPOSE AND AUTHORITIES

2 ‘‘The State and Province Emergency Management 

3 Assistance Memorandum of Understanding, hereinafter 

4 referred to as the ‘compact’, is made and entered into by 

5 and among such of the jurisdictions as shall enact or 

6 adopt this compact, hereinafter referred to as ‘partici7 pating jurisdictions’. For the purposes of this compact, the 

8 term ‘jurisdictions’ may include any or all of the States 

9 of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, 

10 North Dakota, Pennsylvania, New York, and Wisconsin, 

11 and the Canadian Provinces of Alberta, Manitoba, On12 tario, and Saskatchewan, and such other States and prov13 inces as may hereafter become a party to this compact. 

14 The term ‘States’ means the several States, the Common15 wealth of Puerto Rico, the District of Columbia, and all 

16 territorial possessions of the United States. The term 

17 ‘Province’ means the 10 political units of government 

18 within Canada. 

19 ‘‘The purpose of this compact is to provide for the 

20 possibility of mutual assistance among the participating 

21 jurisdictions in managing any emergency or disaster when 

22 the affected jurisdiction or jurisdictions ask for assistance, 

23 whether arising from natural disaster, technological haz24 ard, manmade disaster or civil emergency aspects of re25 sources shortages. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

SJ 44 RFH 

1 ‘‘This compact also provides for the process of plan2 ning mechanisms among the agencies responsible and for 

3 mutual cooperation, including civil emergency prepared4 ness exercises, testing, or other training activities using 

5 equipment and personnel simulating performance of any 

6 aspect of the giving and receiving of aid by participating 

7 jurisdictions or subdivisions of participating jurisdictions 

8 during emergencies, with such actions occurring outside 

9 emergency periods. 

10 ‘‘ARTICLE II—GENERAL IMPLEMENTATION

11 ‘‘Each participating jurisdiction entering into this 

12 compact recognizes that many emergencies may exceed the 

13 capabilities of a participating jurisdiction and that inter14 governmental cooperation is essential in such cir15 cumstances. Each participating jurisdiction further recog16 nizes that there will be emergencies that may require im17 mediate access and present procedures to apply outside 

18 resources to make a prompt and effective response to such 

19 an emergency because few, if any, individual jurisdictions 

20 have all the resources they need in all types of emergencies 

21 or the capability of delivering resources to areas where 

22 emergencies exist. 

23 ‘‘On behalf of the participating jurisdictions in the 

24 compact, the legally designated official who is assigned re25 sponsibility for emergency management is responsible for 


srobinson on DSK4SPTVN1PROD with BILLS
4 

SJ 44 RFH 

1 formulation of the appropriate inter-jurisdictional mutual 

2 aid plans and procedures necessary to implement this com3 pact, and for recommendations to the participating juris4 diction concerned with respect to the amendment of any 

5 statutes, regulations, or ordinances required for that pur6 pose. 

7 ‘‘ARTICLE III—PARTICIPATING JURISDICTION

8 RESPONSIBILITIES

9 ‘‘(a) FORMULATE PLANS AND PROGRAMS.—It is the 

10 responsibility of each participating jurisdiction to formu11 late procedural plans and programs for inter-jurisdictional 

12 cooperation in the performance of the responsibilities list13 ed in this section. In formulating and implementing such 

14 plans and programs the participating jurisdictions, to the 

15 extent practical, may— 

16 ‘‘(1) share and review individual jurisdiction 

17 hazards analyses that are available and determine all 

18 those potential emergencies the participating juris19 dictions might jointly suffer, whether due to natural 

20 disaster, technological hazard, man-made disaster or 

21 emergency aspects of resource shortages; 

22 ‘‘(2) share emergency operations plans, proce23 dures, and protocols established by each of the par24 ticipating jurisdictions before entering into this com25 pact; 


srobinson on DSK4SPTVN1PROD with BILLS
5 

SJ 44 RFH 

1 ‘‘(3) share policies and procedures for resource 

2 mobilization, tracking, demobilization, and reim3 bursement; 

4 ‘‘(4) consider joint planning, training, and exer5 cises; 

6 ‘‘(5) assist with alerts, notifications, and warn7 ings for communities adjacent to or crossing partici8 pating jurisdiction boundaries; 

9 ‘‘(6) consider procedures to facilitate the move10 ment of evacuees, refugees, civil emergency per11 sonnel, equipment, or other resources into or across 

12 boundaries, or to a designated staging area when it 

13 is agreed that such movement or staging will facili14 tate civil emergency operations by the affected or 

15 participating jurisdictions; and 

16 ‘‘(7) provide, to the extent authorized by law, 

17 for temporary suspension of any statutes or ordi18 nances that impeded the implementation of respon19 sibilities described in this section. 

20 ‘‘(b) REQUEST ASSISTANCE.—The authorized rep21 resentative of a participating jurisdiction may request as22 sistance of another participating jurisdiction by contacting 

23 the authorized representative of that jurisdiction. These 

24 provisions only apply to requests for assistance made by 

25 and to authorized representatives. Requests may be verbal 


srobinson on DSK4SPTVN1PROD with BILLS
6 

SJ 44 RFH 

1 or in writing. If verbal, the request must be confirmed in 

2 writing within 15 days of the verbal request. Requests 

3 must provide the following information: 

4 ‘‘(1) A description of the emergency service 

5 function for which assistance is needed and of the 

6 mission or missions, including but not limited to fire 

7 services, emergency medical, transportation, commu8 nications, public works and engineering, building in9 spection, planning and information assistance, mass 

10 care, resource support, health and medical services, 

11 and search and rescue. 

12 ‘‘(2) The amount and type of personnel, equip13 ment, materials, and supplies needed and a reason14 able estimate of the length of time they will be need15 ed. 

16 ‘‘(3) The specific place and time for staging of 

17 the assisting participating jurisdictions’s response 

18 and a point of contact at the location. 

19 ‘‘(c) CONSULTATION AMONG PARTICIPATING JURIS20 DICTION OFFICIALS.—There shall be periodic consultation 

21 among the authorized representatives who have assigned 

22 emergency management responsibilities. 

23 ‘‘ARTICLE IV—LIMITATION

24 ‘‘It is recognized that any participating jurisdiction 

25 that agrees to render mutual aid or conduct exercises and 


srobinson on DSK4SPTVN1PROD with BILLS
7 

SJ 44 RFH 

1 training for mutual aid will respond as soon as possible. 

2 It is also recognized that the participating jurisdiction ren3 dering aid may withhold or recall resources to provide rea4 sonable protection for itself, at its discretion. To the ex5 tent authorized by law, each participating jurisdiction will 

6 afford to the personnel of the emergency contingent of any 

7 other participating jurisdiction while operating within its 

8 jurisdiction limits under the terms and conditions of this 

9 agreement and under the operational control of an officer 

10 of the requesting participating jurisdiction the same treat11 ment as is afforded similar or like human resources of the 

12 participating jurisdiction in which they are performing 

13 emergency services. Staff comprising the emergency con14 tingent continue under the command and control of their 

15 regular leaders but the organizational units come under 

16 the operational control of the emergency services authori17 ties of the participating jurisdiction receiving assistance. 

18 These conditions may be activated, as needed, by the par19 ticipating jurisdiction that is to receive assistance or upon 

20 commencement of exercises or training for mutual aid and 

21 continue as long as the exercises or training for mutual 

22 aid are in progress, the emergency or disaster remains in 

23 effect or loaned resources remain in the receiving partici24 pating jurisdictions, whichever is longer. The receiving 

25 participating jurisdiction is responsible for informing the 


srobinson on DSK4SPTVN1PROD with BILLS
8 

SJ 44 RFH 

1 assisting participating jurisdiction when services will no 

2 longer be required. 

3 ‘‘ARTICLE V—LICENSES AND PERMITS

4 ‘‘Whenever a person holds a license, certificate, or 

5 other permit issued by any participating jurisdiction evi6 dencing the meeting of qualifications for professional, me7 chanical, or other skills, and when such assistance is re8 quested by the receiving participating jurisdiction, such 

9 person is deemed to be licensed, certified, or permitted by 

10 the jurisdiction requesting assistance to render aid involv11 ing such skill to meet an emergency or disaster, subject 

12 to such limitations and conditions as the requesting juris13 diction prescribes by Executive order or otherwise. 

14 ‘‘ARTICLE VI—LIABILITY

15 ‘‘Any person or entity of a participating jurisdiction 

16 rendering aid in another jurisdiction pursuant to this com17 pact is considered an agent of the requesting jurisdiction 

18 for tort liability and immunity purposes. Any person or 

19 entity rendering aid in another jurisdiction pursuant to 

20 this compact is not liable on account of any act or omis21 sion in good faith on the part of such forces while so en22 gaged or on account of the maintenance or use of any 

23 equipment or supplies in connection therewith. Good faith 

24 in this article does not include willful misconduct, gross 

25 negligence, or recklessness. 


srobinson on DSK4SPTVN1PROD with BILLS
9 

SJ 44 RFH 

1 ‘‘ARTICLE VII—SUPPLEMENTARY AGREEMENTS

2 ‘‘Because it is probable that the pattern and detail 

3 of the compact for mutual aid among 2 or more partici4 pating jurisdictions may differ from that among the par5 ticipating jurisdictions that are party to this compact, this 

6 compact contains elements of a broad base common to all 

7 participating jurisdictions, and nothing in this compact 

8 precludes any participating jurisdiction from entering into 

9 supplementary agreements with another jurisdiction or af10 fects any other agreements already in force among partici11 pating jurisdictions. 

12 ‘‘Supplementary agreements may include, but are not 

13 limited to, provisions for evacuation and reception of in14 jured and other persons and the exchange of medical, fire, 

15 public utility, reconnaissance, welfare, transportation and 

16 communications personnel, equipment, and supplies. 

17 ‘‘ARTICLE VIII—WORKERS’ COMPENSATION AND DEATH

18 BENEFITS

19 ‘‘Each participating jurisdiction shall provide, in ac20 cordance with its own laws, for the payment of workers’ 

21 compensation and death benefits to injured members of 

22 the emergency contingent of that participating jurisdiction 

23 and to representatives of deceased members of those forces 

24 if the members sustain injuries or are killed while ren25 dering aid pursuant to this compact, in the same manner 


srobinson on DSK4SPTVN1PROD with BILLS
10 

SJ 44 RFH 

1 and on the same terms as if the injury or death were sus2 tained within their own jurisdiction. 

3 ‘‘ARTICLE IX—REIMBURSEMENT

4 ‘‘Any participating jurisdiction rendering aid in an5 other jurisdiction pursuant to this compact shall, if re6 quested, be reimbursed by the participating jurisdiction 

7 receiving such aid for any loss or damage to, or expense 

8 incurred in, the operation of any equipment and the provi9 sion of any service in answering a request for aid and for 

10 the costs incurred in connection with those requests. An 

11 aiding participating jurisdiction may assume in whole or 

12 in part any such loss, damage, expense, or other cost or 

13 may loan such equipment or donate such services to the 

14 receiving participating jurisdiction without charge or cost. 

15 Any 2 or more participating jurisdictions may enter into 

16 supplementary agreements establishing a different alloca17 tion of costs among those jurisdictions. Expenses under 

18 article VIII are not reimbursable under this section. 

19 ‘‘ARTICLE X—IMPLEMENTATION

20 ‘‘(a) This compact is effective upon its execution or 

21 adoption by any 1 State and 1 province, and is effective 

22 as to any other jurisdiction upon its execution or adoption 

23 thereby: subject to approval or authorization by the 

24 United States Congress, if required, and subject to enact25 ment of provincial or State legislation that may be reVerDate Mar 15 2010 21:48 Sep 14, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\SJ44.RFH SJ44

srobinson on DSK4SPTVN1PROD with BILLS
11 

SJ 44 RFH 

1 quired for the effectiveness of the Memorandum of Under2 standing. 

3 ‘‘(b) Additional jurisdictions may participate in this 

4 compact upon execution or adoption thereof. 

5 ‘‘(c) Any participating jurisdiction may withdraw 

6 from this compact, but the withdrawal does not take effect 

7 until 30 days after the governor or premier of the with8 drawing jurisdiction has given notice in writing of such 

9 withdrawal to the governors or premiers of all other par10 ticipating jurisdictions. The action does not relieve the 

11 withdrawing jurisdiction from obligations assumed under 

12 this compact prior to the effective date of withdrawal. 

13 ‘‘(d) Duly authenticated copies of this compact in the 

14 French and English languages and of such supplementary 

15 agreements as may be entered into shall, at the time of 

16 their approval, be deposited with each of the participating 

17 jurisdictions. 

18 ‘‘ARTICLE XI—SEVERABILITY

19 ‘‘This compact is construed to effectuate the purposes 

20 stated in Article I. If any provision of this compact is de21 clared unconstitutional or the applicability of the compact 

22 to any person or circumstances is held invalid, the validity 

23 of the remainder of this compact and the applicability of 

24 the compact to other persons and circumstances are not 

25 affected. 


srobinson on DSK4SPTVN1PROD with BILLS
12 

SJ 44 RFH 

1 ‘‘ARTICLE XII—CONSISTENCY OF LANGUAGE

2 ‘‘The validity of the arrangements and agreements 

3 consented to in this compact shall not be affected by any 

4 insubstantial difference in form or language as may be 

5 adopted by the various states and provinces.’’. 

6 SEC. 2. INCONSISTENCY OF LANGUAGE. 

7 The validity of the arrangements consented to by this 

8 Act shall not be affected by any insubstantial difference 

9 in their form or language as adopted by the States and 

10 provinces. 

11 SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. 

12 The right to alter, amend, or repeal this Act is hereby 

13 expressly reserved. 

Passed the Senate September 13, 2012. 

Attest: NANCY ERICKSON, 

Secretary. 


srobinson on DSK4SPTVN1PROD with BILLS